A disabled man sued My Burger, LLC, to protect his rights

A disabled man sued My Burger, LLC, to protect his rights

Jane Lee

On the first day of October, a Minnesota man sued My Burger, LLC, located at 3100 Excelsior Blvd., Minneapolis, for violations of the American With Disabilities Act (ADA), according to the complaint filed with the Hennepin County District Court.

ADA, implemented in 1990, is the world’s first comprehensive civil rights law for people with disabilities. Jeffery Weisen, 58, who is a member of the protected class under the ADA, suffers from paraparesis of both lower limbs, neurogenic bladder, and chronic pain. Weisen frequents places near his home in the Twin Cities metro area including restaurants, convenient stores, and grocery stores, expecting to have full and equal access.

Weisen’s attorney, Chad A. Throndset, said Weisen went to the restaurant several times with his families or friends. One day, he hesitated to return to the restaurant by himself due to the barriers of steps at the entrance and the access aisles for disabled which are steeper than the regulation in violation of the 2010 ADA Standards, according to the lawsuit. Throndset added, “The violations make it impossible for him to return to the facility unless he twists, struggles and strains himself or obtains help from others. It definitely discouraged him and negatively impacted his sense of independence.”

Weisen said he is committed to doing all that he can to help himself if the businesses comply with the regulation. However, when businesses ignore the ADA, he understands how people with disabilities including himself have to encounter the discrimination and that is why he continues pursuing a cause to make the owners take the law seriously.   

Despite the existence of the ADA, the reality is that the restaurant is being built and staffed and trained only after a complaint is filed and the Department of Justice becomes involved, according to Amy Hermanek, an author of a journal, “Title III of the Americans with Disabilities Act: Implementation of Mediation Programs for More Effective Use of the Act.” Many businesses across the nation have not complied with the ADA's accessibility requirements, even though the Department of Justice is responsible for investigating and litigating complaints alleging violations of Title III of the ADA.